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1970-12-10 Supervisor Solomon referred to Town Attorney Harold Katz the possibility of an ordinance to control out-of-town businesses which come into Queensbury and set up temporary headquarters and then move on. He said he was seeking a measure under which the consumer can be protected from businesses such as these which often fold up after transactions are made. RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION No. 267, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Robillard. RESOLVED, that the Audit of Bills as listed in Abstract 70-12 numbered #2292 through 2293 inclusive and totaling $8,650.00 is hereby approved. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None Councilman Robillard stated that Mayor Robert J. Cronin of Glens Falls had named a committee to meet with the Queensbury committee on the hazardous traffic conditions resulting at the new inter- sections of Western Avenue with Broad Street and Luzerne Road. Supervisor Solomon stated that Frank Fuller, district engineer of the State Transportation Department, has consented to meet with county and town officials next week to discuss the deletion of provisions for beautification in the state' s reconstruction of the Aviation Road-Quaker Road-Route 9 intersection. The Town Board had a workshop session on municipal sewer and water systems following tonight' s meeting. On motion the meeting was adjourned. Respectfully submitted, Donald A. Chase Town Clerk Regular Meeting December 10, 1970 Present: Gerald B. Solomon Supervisor Lloyd Demboski Councilman John D. Austin, Jr. Councilman Harold Robillard Councilman Hammond Robertson, Jr. Councilman Attorney �Harold Katz was not present. The following visitors were greeted by the Supervisor: Eugene Malone, N.Y.S Building Construction Code Engineer George Liapes, Building Inspector LeRoy Phillips, Asst. Building Inspector Edward Waters, Dog Warden Robert L. Eddy, Chairman Queensbury Committee for Comm. Beautification Mary Gray, L.W.V. Pliney Tucker, visitor Lyn Chase, visitor Dean Howland, visitor George Jameson, visitor Francis Fish, visitor The meeting was called to order at 8 :00 P.M. The public hearing on the State Building Construction Code was opened at 8 :00 P.M. Proof of publication was shown by the clerk. The code was read by the clerk. Mr. William Richardson asked some general questions about the code. Mr. Eugene Malone, New York State Building Construction Code Engineer, answered questions regarding the code. He said the code was in use in about 600 communities in New York State. He added that the services of the Building Code Bureau will now be available to town officials at any time for pro- fessional help or guidance. Two builders, Lyn Chase and Dean Howland, commended the board for adopting the code. They pointed out that the $500 maximum fee was, in effect, an upset price on permit fees for commercial and industrial construction. Mr. Chase asked whether the fees Mould support the enforcement agency, and Mr. Howland asked if the board had considered a separate maximum on home construction, suggesting that the builder of a more expensive house was being pen- alized. Supervisor Solomon explained that inspection costs on an industrial or large commercial project would be low if the board adopted, as it plans to do, an ordinance requiring that the archi- tect or engineer on the project report regularly to the town building department. In the case of residential construction, even when the plans carry an architect' s seal, the architect is generally not avail- able for this kind of supervision and inspection. We don' t want to force the builder to hire an architect to inspect his work as that would cost you more than the permit fee. Mr. Solomon explained that the board intends to review the fee schedule after the first six months of operation and changes would be made at that time if they were warranted. Mr. Robert L. Eddy, Chairman of Queensbury Committee for Community Beautification, read the following letter: November 24, 1970 The QueensburyCommittee for Community Beautification since it was first organized May 2, 1966 has urged the Town Board to pass ordinances that would provide for the enforcement of the State Building Construction Code and would correct unsafe buildings and collapsed structures. Below I quote from Committee minutes :- At the organization meeting on May 2, 1966 among a list of 11 goals was "Demolition of ramshackle buildings". On July 16, 1966 a letter was sent to the Town Supervisor saying:-"At the July 11th meeting of the Beautification Committee of the Town of Queensbury a resolution was unanimously passed by the members of the committee favor- ing the adoption of ordinances; . . . . b. requiring demolition of unsafe structures. . . . . We feel that the establishing of such ordinances would further the interests of all residents in helping to establish a more attractive and beautiful Township in which to live. " The minutes of the meeting of June 18, 1968 contain the following:- "A building and housing code for the Township was discussed. Mrs. Mahoney made a motion that the Beautification Committee strongly recommend to the Town Board, that a building and housing code be enacted in the Town of Queensbury. The motion was seconded and voted upon. Carried unanimously. Miss Renner, Corresponding Secretary, was directed to send a copy of the motion to the Town Board. " It is evident from the above that the Queensbury Committee for Community Beautification feels that such ordinances are important to the improved appearance of our Town. The only question we might have at the moment is:- Will the ordinance on the Building Construction Code or the Unsafe Buildings and Collapsed struc- tures take care of the need for a housing code? This has been a concurrent subject every time a building code was discussed. Respectfully submitted, Robert L. Eddy, Chairman �$ Supervisor Solomon pointed out that before adopting a housing code, ' the board would have to weigh its economic implications. He estimated that as many as 250 families might face eviction from substandard housing if such an ordinance were adopted and enforced. He was con- fident that the building code and unsafe structure ordinances would ameliorate the problem over the long range. The hearing was closed at 8:56 P.M. The public hearing on the Unsafe Buildings and Collapsed Structures Ordinance was opened at 8:56 P.M. Proof of publication was shown by the clerk. The ordinance was read by the clerk. The burned-out Top Hat Restaurant on Dix Avenue was cited as an example. George Jameson of Cronin Road, who spoke in favor of the ordinance, asked whether the Top Hat was in the city or the town and was told it ex- tended into both. The hearing was closed at 9:05 P.M. RESOLUTION ACCEPTING THE APPLICABILITY OF THE STATE BUIDLING CONSTRUCTION CODE RESOLUTION No. 268 , introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Robillard. WHEREAS, the Town Board has held a public hearing with reference to accepting the applicability of the State Building Construction Code to the Town of Queensbury and following such hearing desires to accept such applicability. Now, therefore, be it RESOLVED, that the Town Board of the Town of Queensbury hereby accepts the applicability of the State Building Construction Code for the Town of Queensbury to become effective in said Town of Queensbury ten days after publication or immediately upon personal service, in accord- ance with the provisions of Section 374-a of the Executive Law, and it is FURTHER RESOLVED, that the Town Clerk be and he hereby is, instructed to file a certified copy of this resolution in the principal office of the State Building Code Council, Division of Housing and Community Renewal, at 393 Seventh Avenue, New York 1, New York, and in the office of the Secretary of State at Albany, New York. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None RESOLUTION ADOPTING ORDINANCE OF THE TOWN OF QUEENSBURY PROVIDING FOR THE ENFORCEMENT OF THE STATE BUILDING CONSTRUCTION CODE. RESOLUTION No. 269, introduced by Mr. Austin, who moved its adoption, seconded by Mr. Robertson. WHEREAS, the Town Board of the Town of Queensbury deems it in the public interest to enact an ordinance providing for the enforcement of the State Building Construction Code in said town, and WHEREAS, a proposed ordinance was presented to the Town Board and after due notice a public hearing was held thereon by the said Town Board on the 10th day of December, 1970, and the need for such an ordinance being upheld thereat, be it RESOLVED, that the Town Board of the Town of Queensbury adopt the following ordinance. .yam 1� L 1 ORDIN i1?CE OF THE TOWN OF Q EENSBURY PROVIDING FOR lvtiE" ivY G?CF riLNT OF :THE sr s STATE aJILDINu CG STRuCTIOY:CODE.'; Section . Legislative 1n '► eat The purpose and intent of 'this ordinance is to provide ' for the enforcemeht `of the State Building Construction Code to be adopted and to become effective simultaneously herewith. .... . 1 r Speti on 2. Duties and PowPrs of Building Inspee or. Subdivision (a). Except as otherwise specifically provided by law, the Building Inspector of the Town of Queensbury and his deputies and assistants shall administer' and enforce all of the provisions of laws, 'ordinances and regulations applicable to the construction, alteration, repair, removal and demolition of buildings and structures and the installation and use of materials and equipment therein, and the regulation, use, occupancy and maintenance thereof. Subdivision (b) . He shall receive applications and issue permits for the construction, alteration, removal and demolition of buildings. or structures or parts thereof and shall examine the premises for which such applications have t been received or such permits have been issued for the purpose of iZsaring compliance with laws, ordinances and regulations governing building construction. "5)'S 44R Subdivision (c). ' He shall issue all appropriate notices or orders to require the necessary safeguards during construction and to insure compliance during the entire course of construction with the requirements of such laws, ordinance and regulations. He shall make all inspections which are necessary' or proper for the carrying out of his duties, except that he may accept reports of inspection from his assistants and other employees- of ,the Building Department. Subdivision (d). Whenever the same may be necessary or appropriate to assure compliance with the provisions of applicable laws ordinances and regulations governing building construction, he may require the performance of tests in the field by experienced persons or by accredited and authoritative testing laboratories or agencies. Section 1. Dena%:tme.2t Records and Reports. The Building Inspector shall keep permanent official records of all transactions and activities ,conducted by him including all applications received, permits and certificates 'issued, fees -charged and collected, inspection reports and notices and .orders issued. All such records shall be public records open to public inspection during business hours. Section 4 Ao-o ication for Builds Perm;is Subdivision (a) . No person, firm or corporation shall commence the erection, construction, eniargementt alteration+ removal, improvement, demolition, conversion, or change in the nature of the occupancy of any building or structure 2- n.,i:n!+1 yy�aya. ..nu•«..wt+:,a" 'f'.r> ..f...y: , ,.-,..r,:,.°,.. �*w '... , +: c•",xsiS z rs ,yg:x .;'SV"` aFnrt'S'^i..v.+n( ...ci"d:'.{M1'n+5: '.,N n'2 yX '+.4"^, ^CS,�ST yfiG fi$"30•A.#K;� 1 or cause the same to be done, without first obtaining a a separate building permit from the Building Inspector for each such. building or structure; except that no building permit shall be required for the- performance of ordinary repairs. which are not structural in nature. Subdivision (b) Application fora building permit shall be made to the Building Inspector on forms provided by him and shall contain the following information: (1) A description of the land on which the proposed work is to be done; (2) A statement •of the use or occupancy of all parts of the land and the proposed building or structure; (3) The valuation of the proposed work; (4) The full name and address of the owner and of the applicant, and the names and addresses of their responsible officers if any of them are corporations; (5) A brief description of the nature of the proposed work; (6) A duplicate set of plans and specifications as set forth in subdivision (c) of this section; and (7) Such other information as may reasonable be required by the Building Inspector to establish compliance of the proposed work with the requirements of the applicable • building laws, ordinances and regulations. Applications shall be made by the owner or lessee, or agent of either, or by the architect, engineer or builder employed in connection with the proposed work. Where such application is made by a' person other than the owner, it shall be accompanied by an affidavit of the owner or applicant that the proposed work is authorized by the owner and that the applicant is authorized to make such application .....,. e.,,:ar . .'!^{ 9..,r . ,,. se „c?,...,.^ws^..•.,�.,.--*»e .«,6�.�^...,*a.tvc ryrr vp•,,r-.w .�.. ++- x i ^^.y9can ,. *k.�s nsg. .w,a�7,*, u.s ^: a ..t�r C, Subdivision (c) . Each application for a building permit shall be accompanied by duplicate copies of plans and specifications, including a .plot plan, drawn to scale, showing the location and size of all proposed new construction and all existing structures on the 'site, the nature and character of the work to be performed and the materials to be incorporated, distance from lot 'lines, the relationship of structures on adjoining property, _widths and grades of adjoining streets, walks and `alleys, and, where required by the Building Inspector details of structural, mechanical and electrical work, including computations, stress diagrams and other essential technical data. Plans and specifications `shall bear the signature of the person responsible for the design and drawings ,and where required by Section 7302, as amended, of Article 147 of the Education Law of the State of New York, the seal of a licensed architect or a licensed professional engineer. The Building Inspector may waive the requirements for filing plans and specifications for minor alterations. Subdivision (d) . Amendments, if any, to the application or to the plans and specifications accompanying the same shall be filed with the Building Department and approval received from the Building Inspector prior to the commencement of such change of work.' Section 5. Feed Subdivision (a) . Upon the filing of -an application for a building permit, the following fees shall be payable When the cost of the work to be done under the permit, as est- imated by the Building Inspector, does not exceed the sum of $500, the fee shall be $2; when the estimated cost exceeds $500, the fee -- shall be $6 plus $2 for each additional thousand or fraction thereof in excess of $3,000, 'except that the maximum fee that shall be required,'. regardless of the cost of the-work to be done, shall be $500. Subdivision (b) The fee for the isuuance of all certificates of occupancy s1dl be $5.00. Section 6. Issuance of Building Permit or Disapproval of Application. Subdivision (a) The Building Inspector shall examine or cause to be examined all applications for permits and :the plans, specifications and documents filed therewith. He shall approve or disapprove the application within a reasonable time. Upon approval of the application and upon receipt of the legal fees therefor, he shall issue a building permit to the applicant upon the form prescribed by him and shall affix his signature or cause his signature to be affixed thereto. Upon approval of the application, both sets of plans and specifications shall be endorsed with the word 'appooved' . One set of such approved plats and specificat RR.s shall be retained in the files of the Building Department and other set shall be returned to the applicant`_together with the building permit and shall be kept at the building site open to inspection by the Building Inspector or his authorized representative at all reasonable times. If the application together with the plans, specifications and other documents filed therewith describe proposed work which does not conform to all of the requirements of the (5) 'j c -:.. ,ry.,_ r u,r='in. M;^ypw.� .rvwvw.Rp,"?kfrh>p wq....�.*'T.:�eM1'xsax F q-,3,!rt•'RS_?3"` .Lwl2^` P',iE?"#'^=w ..y'�v'YT'A4nta'e^f,Ss,*wgY1!•rr' — applicable building regulations, the Building Inspector shall disapprove the same and shall return the plans and specifications to the applicant. Upon the request of the,applicant, .the Build- ing Inspector shall cause such refusal, together with the reasons therefor, to be transmitted to the applicant in writing. Section 7. Performance of 1'Jork Under Building_Permit Subdivision (a). A building-permit' shall be effective to authorize the commencing of work in accordance with the application, plans and specifications on which it is based for a period of six months after the date of its issuance. For good cause, the Building Inspector may allow a maximum of two extensions for periods not exceeding three months each. Subdivision (b) . The issuance of a building .permit shall constitute authority to the applicant to proceed with the.work in accordance with the approved plans and specifications and in accordance with the applicable building laws, ordinances or regulations. All work shall conform to the approved application, plans and specifications. Subdivision (c) . Building permits shall be prominently displayed on the job-site at all times during the progress of construction so as to be readily seen from adjacent thoroughfares. Section 8. Reyoca ti o_r of B,ii l ding Permit The Building Inspector may revoke a building permit theretofore issued in the following instances: (a) Where he finds that there has been any false state- ment or misrepresentation as to a material fact in the application, -6- i ' plans or specifications on which the building permit was f based; (b) Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law; (c) Where he finds that the work performed under the permit is not being prosecuted in accordance with the pro- visions of the application, plans or specifications; or (d) Where the person to whom a building permit has been issued fails or refuses to comply with a stop order issued by the Building Official. Section 9. Stop Orders. Whenever the Building Inspector has .reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisions of the applicable building laws:; ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner's agent, or the person performing the work, to suspend all work, and any such persons shall forth- with stop such work and suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing, shall state the conditions under which the work may be resumed and may be served upon a person to whom it is directed either by delivering it personally to him, or by posting the same upon a conspicuous portion of -7- I , , .,,,^ .,-k. + •,. ,«, a..._.+» ,..,...,.+ .,, nz .r.... ,,_.M.. n»..a,>,nr^• ,rir�yre ih,. ^r,±.mex k the building under construction and sending a copy of the same by registered mail. Section 10. Right of Entry The Building Inspector and assistants, upon the show- ing of proper credentials and in the discharge of their duties, may enter upon any building, structure or premises 'at any reasonable hour, and no person shall interfere with or prevent such entry. Section 11, Cgrti f icate of CccuDancy j Subdivision (a) . No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. Subdivision (b) . No building hereafter enlarged, ex- tended or altered, or upon which work has been performed which required the issuance of a building permit shall continue to be occupied or used for more than 30 days after the completion of the alteration or work unless a certificate of occupancy shall have been issued by the Building Inspector. Subdivision (c) . No change shall be made in the use or type of occupancy of an existing building unless a certificate of occupancy authorizing such change shall have been issued by the Building Inspector. Subdivision (d) . The owner or his agent shall make application for a certificate of occupancy. Accompanying this application and before the issuance of a certificate of occupancy, there shall be filed with the Building Inspector a • �Y H an affidavit of the registered architect or licensed -pro- fessional r •, engineer who filed the original plans, or of the registered architect or licensed professional engineer who supervised the construction of the work, or of the Super- intendent of construction who supervised the work and who, by reason of his experience, is qualified to superintend the work for which the certificate of occupancy is sought. This affidavit shall state that the deponent has examined the approved plans of the structure for which a certificate of occupancy is sought, that the structure has been erected in accordance with approved plans, and as erected complies with the law governing building construction except insofar as variations therefrom have been legally authorized. Such variations shall be specified in the affidavit. Section 12, Inspection Prior to Issuance of Certificate Before issuing a certificate of occupancy, the Build- E--r ing Inspector shall examine or cause to. be examined all build- ings, structures and sites for which an application has been filed for building permit to construct, enlarge, alter, repair, remove, demolish, or change the use or occupancy; and he may conduct such inspections as he deems appropriate from time .to time during and upon completion of the work for which a building permit has been issued. There shall be maintained in the Building Department G a record of all such examinations and inspections together with a record of findings of violations of the law. Section 11. Issuance-of Certificate of Occunancv Subdivision (a) . When, after final inspection, it is •,�.rr 's" .�..S:f"'", ,w�s.^�rMr �"�w�"rv»»rrna�y+S�.t nom,-. ..� found that the proposed work has been completed in accordance with the applicable building laws,, ordinances and regulations; and also in accordance with the application, plans and specifi- cations filed in connection with the is of the building permit, the Building Inspector shall issue a certificate of occupancy upon the form provided by him. If it is..found that the proposed work has not been properly completed, the Building Inspector shall refuse to. issue a certificate of occupancy and shall order the work completed in conformity with the building permit and in conformity with the applicable building regulations. Subdivision (b) . A certificate of occupancy shall be issued, where appropriate, within 30 days after application therefore is made. Failure to act upon such application within 30 days shall constitute approval of such application and the building or portion thereof may thereafter be occupied as through a certificate of occupancy had been issued. Subdivision (c) . The certificate of occupancy shall certify- that the work has been completed, and that the proposed use and occupancy is in conformity with the pro- visions of the applicable building laws, ordinances and re- gul.ations, and shall specify the use or uses and the extent thereof to which the building or structure or its several parts may be put. Sam+ on 1+A Temnor ,y ror+;f;�atP of Ocev ancv Upon request, the Building Inspector may issue a temporary certificate of occupancy for a building or structure, or part thereof, before the entire work covered by the building permit shall have been completed provided such portion or -10- r,-,..,rc+mrn...,.r°'Aa..m... .,me.}vw ^•x:_' ,M k mot.,..,= °� >x v7^r•;•htR"" r r portions as have been .completed may be occupied safely without endangering life or the public welfare. A temporary certificate of occupancy shall remain effective for a period not exceeding three months from its date of issuance. For good cause the Building Inspector may allow a maximum of; two extensions for periods not exceeding three months each. Section 15, Tests Whenever there are reasonable grounds to believe that any material, construction, equipment or assembly does not conform with the requirements of. the applicable building laws, ordinances or regulations, the Building Inspector may require the same to be, subdected to tests in order to furnish proof of such compliance. Section 16 Pence ies for Violation In accordance with Section 385 of Article 18 of the Executive Law of the State of New York: (a) It shall be unlawful for any person, firm or corporation to construct, alter, repair, move, ,remove, demolish, equip, use, occupy or� maintain any building or structure or portion thereof in violation of any provision of law or rule promulgated- by the Building Department in accordance with applicable laws, or to fail in any ,manner to comply with a notice, directive or order of the Building Inspector, or to construct, alter, use or occupy any building or structure or . part thereof in a manner not permitted by an approved building permit or 'certificate of occupancy. -11- . ,.-.;.,.._.. ,. ..-.:.. ..'be^+RX•-: r.,,n.wr,.W,W ....we+.nV ':'T;4^':?',C'A'^+"^!%:ti: ^,.`N:r:':' ,`r"'+5:° 'qk Ml;.aa'S'kK .;A.,"AM'an,i.'44 t?4r,iW4c":?„ic q cf K (b) Any person who shall fail to comply with a written order of the Building Inspector within the time fixed for compliance therewith, and any owner, builder, architect, tenant, contractor, subcontractor, constrkction superintendent or their agents, or any other person taking part or assisting in the construction.or use of any building who shall knowingly violate any of the applicable provisions of law, or any law- ful order, notice, directive, permit or ;certif icate of the Building Inspector made thereunder shall be punishable by a fine of not to exceed $50.00, or imprisonment of not to exceed 30 days, or both. Each day that a violation continues shall be deemed a separate offense. (c) Except as provided otherwise by law, such a violation shall not be a crime and the penalty or punishment j imposed therefor shall not- be deemed for any purpose a penal or criminal penalty or punishment, and shall not impose any disability upon or affect or impair the credibility as a witness, or otherwise, of any person convicted thereof. Section-12, Abatement QLViolation Appropriate actions and proceedings may be taken at law or in equity- to prevent unlawful construction or to restrain, correct or abate a violation or to prevent illegal occupancy of.a building, structure or premises or to prevent illegal acts, conduct or business in or about any premises and these remedies shall be in addition to penalties otherwise pre- scribed by law. -12- i L/y L Section 18 This ordinance shall take effect ten days after publication and posting, or immediately upon personal service, ad provided by Sec- tion 133 of the Town Law. Section 19 Repeal of Present Ordinance (Building) The buildingordinance of the Town of Queensbury duly adopted by the Town Board of the Town and effective .July lst, 1964, to- gether with any amendments thereto, is hereby repealed, the said repeal to become effective at the same time that this ordinance and the State Building Construction Code shall become effective. The foregoing Resolution No. 269 was duly adopted by the Town Board on December 10, 1970 by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson, Mr. Solomon. Noes: None -13- RESOLUTION ADOPTING UNSAFE BUILDINGS AND COLLAPSED STRUCTURES, ORDINANCE OF THE TOWN OF QUEENSBURY, 'WARREN COUNTY, NEW YORK PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 130, SUBDIVISION 16, OF THE TOWN LAW OF THE STATE OF NEW YORK. 01' " RESOLUTION No. 270, introduced by Mr. Demboski, who moved its''adoption, seconded by Mr. Robillard. WHEREAS, the Town Board of the Town of Queensbury deems it in the public interest to enact an ordinance providing for the enforcement of the Unsafe Buildings and Collapsed Structures, Ordinance of the Town of Queensbury, Warren County, New York Pursuant to the Authority Contained in Section 130, Subdivision 16, of the Town Law of The State of New York, and WHEREAS, a proposed ordinance was presented to the Town Board and after due notice a public hearing was held thereon by the said Town Board on the 10th day of December, 1970, and the need for such an ordinance being upheld thereat, be it RESOLVED, that the Town Board of the Town of Queensbury adopt the following ordinance. UNSAFE BUILDINGS AND COLLAPSED STRUCTURES, ORDINANCE OF THE TOWN OF QUEENSBURY, WARREN COUNTY, NE14 YORK PURSUANT TO THE AUTHORITY CONTAINED IN SECTION 130, SUBDIVISION 16, OF THE TOWN LAW OF THE STATE OF NEW YORK. Sec. 1--This ordinance shall be kry6wn as the "Unsafe Buildings and Collapsed Structures Ordinance of the Town of Queensbury". Sec. 2--When in the opinion of the official appointed by the Town Board of the Town of Queensbury for the purposes of enforcing this ordinance any structure located therein shall be deemed to be unsafe or dangerous to the public, he shall make a formal inspection thereof and report in writing to the Town Board of the Town of Queensbury his findings and recommendation in regard to its re- moval or repair. Sec. 3--The said Town Board shall thereafter consider this said report and by resolution determine if in its opinion the report so warrants, that the said structure or building is un- safe and dangerous and order its removal or repair if the same can be safely repaired, and further order that a notice shall be given to the following persons or corporations and in the manner herein provided. Sec. 4-- NOTICE--The notice shall contain the following: (a) A description of the premises. (b) A statement of the particulars in which the building or structure is unsafe or dangerous. (c) An order requiring the same to be made safe and secure or removed. (d) That the securing or removal of the said buildings or structures shall commence within thirty (30) days of the serving of the notice and shall be completed with- in sixty (60) days thereafter. (e) That in the event of neglect or refusal of the persons and / or corporations served with the notice to comply with the ;game, a survey of the premises will be made by an inspector and architect to be named by the Town Board, and a practical builder, engineer or architect appointed by the said persons or corporations so noti- fied. (f) That in the event oZ the refusal or neglect of the persons or corporations so notified to appoint a surveyor the two surveyors named by the Town Board shall make the survey and report. (g) That in the event the buildings or other structures �- shall be reported unsafe or dangerous under si x survey an application will be made at a special alt{ term of the supreme court in the judicial dis- trict in which the property is located for an order determining the building or .other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. (h) That the land on which said buildings or structures are located will be assessed for all costs and ex- penses incurred by the Town in connection with the proceedings to'-remove or secure, .including the cost h_ of actually removing said building or structure. Sec. 5--Service of Notice.' The said notice shall be served in the following manner: (a) By personal service of a copy thereof upon the owner or some one of the owners, executors, legal representa- tives, agents lessees, or any other persons having a vested or continued interest in the premises as shown by the last preceding completed assessment roll of the said Town; or if no such person can be reasonably found, by mailing such owner by registered mail a copy of such notice directed to his last known ad- dress; (b) And by personal service of a copy of such notice upon any adult person residing in .or occupying said pre- ` mises; or if no such person can be reasonably found, by securely affixing a copy of such notice upon the building or structure. Seca 6--In the event of the neglect or refusal of the persons so notified to comply with said order of the Town Board, a survey of said premises shall be made in the following manner: (a) The Town Board shall appoint an inspector and archi- tect, and the persons so notified shall appoint a practical builder, engineer or architect who shall make the said survey and submit a written report thereon in regard to the unsafe or dangerous condi- v - tion of said building or structure. If the persons so notified shall refuse or neglect to appoint a surveyor within thirty (30) days after service of the notice, the two surveyors appointed by the Town Board shall proceed and report. (b) A signed copy of such report shall be posted on the said structure. Sec. 7--In the event the building or other structure shall be reported unsafe or dangerous under such survey, the Town Board may pass a resolution directing the supervisor of the Town to make an application at a Special Term of the Supreme Court of the State of New York in the Judicial District in which the property is to cated, for an order determing the building or other structure to be a public nuisance and directing that it shall be repaired and secured or taken down and removed. j Sec. S=-All costs and expenses incurred by the Town in y connection with the proceedings to remove or secure, including the cost of actually removing said building or structure shall t s be assessed against the land on which said buildings or struct- ures are located. Sec. 9--The said surveyors shall be paid reasonable compen- sation for the service performed by them .in making their survey and in preparing the report thereof. 4 Sec. 10--This ordinance shall take effect ten days after publication and posting or immediately upon personal service as provided by section 133 of the Town Law. . ' I r '.fi- - u .'uu'-'�. 4� �sz�,�k'�i"` ..°� n' '`"i'.•>:a,..se. - �®_:.o_ .,._ ,! •'}'.t ..,.._....�___•�• - w-'---_._____ . . ..,.�s,,.. r i The foregoing Resolution No. 270 was duly adopted by the Town Town on December 10, 1970 by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None Supervisor Solomon announced that the State Department- of Transporta- tion, following a conference a few days ago that was also attended by County Highway Superintendent Fred Austin, had agreed to reinstate the landscaping and shrubbery plantings deleted -from the contract for re- -' com truction of the Route 9-Quaker Road-Aviation Road intersection. The work will probably be done in the spring and the county and town highway departments will cooperate in plans for thtt maintenance. i The Highway Report for the month of November 1970 was placed on file. The Supervisor' s Report .for the month of November was-placed on file showing total receipts of $88,728.00 and total disbureementsof $91,460.58. Councilman Austin reported that a committee is conferring on a snowmobile ordinance and is open to suggestions from the public either pro or anti snowmobile. Supervisor Solomon had a letter from Normandy Cable TV stating that a contract had been signed with Scientific Atlanta for a tower on West Mountain and that a picture should be available at the mountain site within three months. The site is being cleared and a building under- construction will be completed in about 60 days. The meetingwas .opened to the public. Francis-Fish of Wintergreen Drive questioned Highway Department employment practices and was told the .subject would be investigated. The public meeting was closed. Supervisor Solomon stated that the Water Department had recommended the ab#*donment of a six inch water main in South Queensbury-which is :on°the property of Hercules-Imperial unless they wished to use it for their own use in which case they would .assume all responsi- bility. He stated he had not heard from Hercules and unless their were some .objections the main .would be abandoned. RESOLUTION TO APPROPRIATE SURPLUS FUNDS IN THE HIGHWAY ACCOUNT RESOLUTION No. 271, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, there now exist certain unappropriated surplus funds in Item I and Item III .of the Highway .Account, therefore be it RESOLVED, that the sum of $192.46 be appropriated to Item i and the sum of $440.10 be appropriated to Item III Repair, thereby increasing Item I from $140,371.75 to $140,564.21 and Item III Repair from $24,790.05 to $25,230.15.. Duly adopted by. the fallowing vote: Ayes:, Mr. .Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr, Solomon. Noes: None The board tabled action on a request from the State .Tramsportation Department for town acceptance of a proposed relocation of Big Boom Road. The state plans 900 feet of new highway to relocate the in- tersection under its policy of controlling access to the Northway. AtCounci4aan Robillard' s suggestion, a meeting will be arranged with s ato,;er%gineers. to study the possibility of a more advantageous route. The following letter was read by the clerk: December 10, 1970 To Queensbury Town Board: Gentlemen: I have been dog warden for the past six years and would like to be appointed again. Thank you RESOLUTION TO RECEIVE SALT BIDS Ed Waters RESOLUTION No. 272, introduced by Mr. Robertson, who moved its adoption, seconded by Mr. Austin. WHEREAS, Carl A. Garb, Superintendent of Highways, has recommended "that the Town Board should advertise for bids for the purchase of Highway salt. for 1970-71, therefore be it RESOLVED, that the Town of Queensbury solicit sealed bids for highway salt and that the following notice be published once in the Glens Falls Times and Post Star to read in the following form: SPECIFICATIONS: GRADE CC ROCK SALT BIDS Sealed bids will be received by the Town Clerk of the Town of Queensbury at the Town Office Building, Bay and Haviland Roads, up until 5:00 P.M. on December 30, 1970 for supplying the Highway Department with one hundred. tons (100) tons, more or less, of grade CG salt, delivered to the Town Storehouse, Aviation Road, Glens Falls, N.Y. , in 100 lb. bags or in bulk, as determined by the superintendent of highways. Qerality to meet New York Division of Standars and Purchase requirements. Bidder must specify the nearest distribution facility from which shipment to the Town will be made. Bids must be submitted in sealed "Opaque" envelopes plainly marked" SALT BIDS", and there shall be included in such bid the certificate of Non-Collusion required by Section 103d of the .General Municipal Law as the act and deed of such Corporation. The bids will be opened and read aloud for the Town Board at 8:00 P.M. on December 30, 1970 at a regular meeting 'of that Board to be held at tke Queensbury Town Office Building, Bay and Haviland Roads, Glens Falls , N.Y. The Town Board reserves the right to reject any or all bids. By order of the Town Board Donald A. Chase Dated: December 10, 1970 Town -Clerk Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None RESOLUTION TO APPROVE AUDIT OF BILLS RESOLUTION No. 273, introduced by Mr. Robillard, who moved its adoption, seconded by Mr. Robertson. RESOLVED, that the Audit of Bills as listed in -Abstract 70-12A numbered 2294 through 2393 inclusive and totaling $14,031. 70 •is hereby approved. Duly adopted by the following vote: Ayes: Mr. Demboski, Mr. Austin, Mr. Robillard, Mr. Robertson and Mr. Solomon. Noes: None On motion the meeting was adjourned; Respectfully submitted, Donald A. Chase Town Clerk